In a submission to the DETR this week, the Construction Industry Council calls for changes to the Building Regulations, consumer legislation and the Construction Act to beat the cowboys.
The submission follows Building's calls for statutory regulation of the industry, and an NOP poll of 400 homeowners that showed that 89% want new laws to crack down on cowboys (4 June).
The CIC argues that primary legislation, which the government says there is no parliamentary time for, is not required and that tougher laws can be passed quickly through statutory instruments that amend existing legislation.
The DETR has been promoting a voluntary scheme in which reputable firms obtain a quality mark but has shied away from tougher regulation.
Now it is set to come under further pressure from former Conservative construction minister Tony Baldry, who is planning to incorporate the CIC package in a 10 minute rule bill this autumn.
The CIC's submission says: "The overwhelming view within the CIC is that the only realistic opportunity to combat cowboys successfully is through statutory regulation." The submission calls for the 1984 Building Act to be amended so that its definition of minor works is extended to cover repair and maintenance as well as new-build work.
The interim report of the DETR's cowboy builders taskforce floats the idea of extending the Building Regulations, but says there are fears that this would increase bureaucracy.
However, the CIC has come up with a formula in which the repair and maintenance work of builders that have not achieved the quality mark would be covered by Building Regulations and subject to local authority inspection. It says this would leave firms with the mark unburdened by heavier bureaucracy.
"This approach would have the clear benefit of requiring no amendment to primary legislation and delivering clear advantage to those participating in the quality mark scheme," the submission says.
The CIC also says there is strong support among members for extending consumer legislation to require receipts to be issued for all building work worth more than £50.
This would increase the power of consumers when they return to cowboys to ask for remedial work or compensation, the CIC believes.
Its submission also calls for the adjudication provisions of the Construction Act to be extended to the domestic sector. It says: "The existing exclusion of domestic works is seen as anomalous for a measure specifically designed to reduce the cost of dispute resolution.
"It would also offer the consumer an alternative method of seeking a quick resolution to disputes." In addition, the CIC calls for VAT on repair and maintenance to be cut from 17.5% to 5% to cut the price difference between cowboys and reputable firms.
CIC chief executive Graham Watts said: "We believe you can legislate to beat the cowboys without new primary legislation. I think the government is beginning to think this, too, and is asking some very interesting questions.
"There seems to be a lot of support for what we are saying because it is a compromise between new legislation and a voluntary scheme.
"Building is articulating what most of the industry is saying about the need for tougher regulation. We are glad you are carrying the flag for what is needed." Contracting organisations are also due to make submissions to the DETR, but are not expected to call for tougher regulation.
